United States v. Johnson

ORDER AND REASONS

HELEN G. BERRIGAN, District Judge.

This capital matter comes before the Court on motion for new trial and supplemental motion for new trial filed by the defendant, John Johnson (“Johnson”). Oral argument was held on March 23, 2010. Having considered the record, the memoranda and argument of counsel and the law, the Court affirms the convictions but grants a new penalty phase hearing for the reasons set forth below.

In May 2009, the defendant was convicted of three counts of a Second Superseding Indictment pertaining to his role in a 2004 attempted bank robbery and death of a…